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namaste (homemaker)     24 May 2011

Builder is avoiding refund

My husband as booked a Flat at Kandivali and we have paid earnest amount of Rs.1,00,000

The flat was under construction from last 5 years and now the builder claims that he is not getting clearance certificate.

We have asked for refund. But he is making excuses, not answering phone calls, not replying to letters.

What are we supposed to do??

We have the receipts for earnest amount.

Please guide and help.


 3 Replies

Ashok Yadav (Lawyer)     24 May 2011

You should file a consumer complaint against the builder and should claim the earnest money with interest and a huge amount for mental agony suffered by you and your family.

Vikash Chandra Srivastava (Advocate)     24 May 2011

First serve a time frame legal notice through an advocate in the light of your sale agreement. If the legal notice does not serve the purpose, then file a Consumer Complaint Case before the District Consumer Forum within the jurisdiction of the sale agreement property. 

namaste (homemaker)     24 May 2011

Thank you vikasji and Ashokji

I will first serve a legal notice about time frame. Then i will go to consumer court in that area for refund.

I dont have sale agreement of property but only reciept of earnest money paid.

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